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August 22, 2005
Subway searches, constitutionality, the MTA and the NYC government
Dan, a Couple things in response to your post.
I am mostly against the searches, and would refuse to be searched if asked (unless I'm drunk and with a group of people, as happened a few weeks ago at US). However, since it is the police conducting the searches and not the MTA, your bit about corporations is invalid. It is the city itself doing the searches, not MTA officials. Although I understand your bit about the MTA being the ones requiring the searches, it is the government doing the actual searches. This brings it under the scope of the constitution. The fact that it is the MTA requiring them instead of the state doing so just means that it is an attempt to get around it. The MTA board has direct links to the Governor's office and the Mayor's office. It was also put out as the NYC government being the ones asking for the searches. Every news piece I have watched has declared it an NYC policy rather than an MTA one.
My issue with the searches comes down to their statement that if they find anything illegal on you (gun, drugs, slave children) you will be arrested and charged with the relevant crime. If they were to remove that bit of the policy, I'd be ok with it. I still wouldn't submit to it, but the process means just as much as the policy.
Ok, there is no direct "right to privacy" within the constitution. But I think these searches are pushing the boundries of the constitution in it's current interpretation.
Yup, you read that right. Current interpretation. I think that the constitution was meant to be interpreted, not taken at face value. Yes, it was written in English, but it also created the judicial system, meant to interpret the constitution as times change. That also applies to my views on Roe v. Wade, but that's another post.
Posted by Kat at August 22, 2005 12:04 PM
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Comments
Um, what's this about the MTA not being a part of the government? They get most of their funding from the State and City, their Board is appointed by the Governor, and they are incorporated as a State Authority. Just because their budget is accounted for seperately from the State budget doesn't make them a private corporation.
But the constitutional arguments aren't even needed. The searches are totally useless. I was fine with them considering it to be an effort to secure us against 7/7 style attacks as long as they were limited to that and not used as a general purpose law enforcement dragnet (which would indeed be unconstitutional), but after seeing how incredibly little they actually achieve anyway I've switched to agreeing that they just shouldn't exist.
The new plan for Lockheed Martin and co to install surveillance cameras and a top notch security system, along with the bids being requested for cell networks to be built in the system are a much more effective choice as long as they aren't abused.
Scrap the photo-op search tables, and instead have a policy where police can ask a suspicious passenger to consent to a search or leave the system.
Posted by: J.Kende at August 25, 2005 10:47 PM
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